Page:Federal Reporter, 1st Series, Volume 2.djvu/880

 BEOOKS V. BTEAMEB ADIEONDACK. ���873 ���dack by the stearnship Plainmeller. The relief prayed for in the libel was the recovery of the amount named in the agreement, or for sucb other relief as in law and justice the libellant should be entitled to. The libellant, who was the master of the salving ship, sued on behalf of himself and the owners of the Plainmeller. A mouition having issued, and the Adirondack having been attached, the owners of the Àdirondack appeared and filed their elaim, and put in an answer admitting the liability of the Adirondack for a salvage compensation, and tendering and paying into court the sum of $7,500 therefor, but denying the libellant's claim for the amount named in the special agreement. The crew of the Plainmeller bave not been made parties, and no publication of notice to other persons to corne in has been made. �The cause has proceeded to a trial and decision upon the issues raised by the libel and the answer, resulting in the allow- ance of the sum tendered as a proper amount of salvage, and the avoidance of the special agreement as inequitable and extor- tionate. A question is now made as to the form of the final decree, The claimants' proctors have submitted a form of decree providing that the libellant recover for himself and for the owners and crew of the Plainmeller, and for ail others interested, the amount of the tender. To this the counsel for the libellant objects that the decree should not provide spe- cifically that the libellant recover for the crew, but that he recover for himself, the owners and ail others interested, omitting any reference to the crew. The suggestion is that the decree shall not pass upon the question whether the crew bave any interest or not. I think the proper practice is to direct an apportionment of the salvage recovery before it is paid out of the registry. If the master had assumed to act for the crew in bringing this suit they might, perhaps, b& considered as parties libellant represented by him. But as he repudiates that eharacter, and as the crew bave not re- ceived the usual notice by publication to come in and maka claim upon the vessel attached, or upon the fund in court, I think it is ineumbent on the libellant now to bring them in, or to have them duly notified to come in for the purpoae ot making the apportionment. ����